On October 1, 2009 Mauna Kea Anaina Hou, Royal Order of Kamehameha I, Sierra Club, Hawaii Chapter, and Clarence Ching (Appellants) filed an agency appeal in the Third Circuit Court appealing two agency orders:
(1) the Board of Land and Natural Resources (BLNR)’s approval of the (UH)’s Comprehensive Management Plan (CMP) prior to making a decision on the Appellants request for a contested case, and
(2) BLNR’s denial of the Appellants request for a contested case hearing regarding the proposed CMP
Colin Yost of Cruise & Yost LLLC is the attorney of record for the Appellants. The issues on appeal include: Denial of due process and improper notice. The appellants base their allegation on several grounds which includes that the hearings held on the matter were held on Oahu not the Big Island which is the location of the project resulting in a violation of H.A.R. 13-5-40(4)(b) requiring all hearings relating to Conservation Districts be held in the county in which the land is located. Violation of procedure for contested cases.
See also Kehea website.
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